As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section.

Accessory structure means a detached building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises.

Appropriate fill material means material that can be properly compacted when used as fill. The fill that is placed from grade to a depth of twelve (12) inches shall consist of at least eighty (80) percent soil base material and have no stones or rocks larger than four (4) inches in any dimension.

Chimney means a vertical masonry shaft of reinforced concrete or other approved noncombustible, heat-resisting material enclosing one (1) or more flues for the purpose of removing products of combustion from solid, liquid or gaseous fuel.

Division of property and land use services or division means the division of property and land use services of the department of business and neighborhood services. The division of property and land use services is the "enforcement authority" as defined in IC 36-7-9-2.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food.

Grade means finished ground level.

Health and hospital corporation means the Health and Hospital Corporation of Marion County, Indiana.

Hearing authority means a person or persons designated as such by the director of the department of business and neighborhood services. An employee of the enforcement authority may not be designated as the hearing authority.

Junk vehicle means any vehicle that is no longer licensed or that does not display a current license, from which any part material to the operation of the vehicle has been removed, or that is inoperable for any reason.

Lead-based paint means any paint containing more lead than the level established by the U.S. Consumer Product Safety Commission as being the "safe" level of lead in residential paint and paint products.

Mosquito harborage means any condition or place that promotes the breeding or infestation of mosquitoes.

Owner means a person with any right in real property, including a fee interest, a life estate interest, a future interest, a mortgage interest, a lien as evidenced by a certificate of sale issued under IC 6-1.1-24, or an equitable interest of a contract purchaser that:

(1)

May be affected in a substantial way by actions authorized by this chapter; and

(2)

Is held by a person whose identity and address may be determined from:

a.

An instrument recorded in:

(i)

The Marion county recorder's office; or

(ii)

In the case of a lien evidenced by a certificate of sale issued under IC 6-1.1-24, the Marion County auditor's office.

Premises means a platted lot or part thereof or unplatted lot or parcel of land on which is located a structure and includes any such structure, accessory structure, adjoining alley, easement or drainage way.

Refuse means all putrescible and nonputrescible solids including garbage, rubbish, ashes and dead animals.

Sound condition and good repair means the structure or portion thereof is suitable for use in the manner intended and maintained free of defects and deterioration.

Structure means any manmade construction built up or composed of parts formed together in some definite pattern, such as a building, fence, swimming pool or sign.

Rat harborage means any conditions or place where rats can live, nest or seek shelter.

Rubbish means nonputrescible solid wastes consisting of either:

(1)

Combustible wastes such as paper, cardboard, plastic containers and wood; or

(2)

Noncombustible wastes such as tin cans and crockery.

Tree, when used by itself, means any woody, perennial plant and includes those having a single main stem that grows to a minimum height of over ten (10) feet.

Unsafe means a structure or premises as defined in IC 36-7-9.

Vacant means currently unoccupied or occupied by vagrants, squatters, trespassers or other persons having no legal right to occupy.

Weeds means vegetation that has attained a height of twelve (12) inches or more and that constitutes a potential rat harborage or other health or safety hazard.

(G.O. 135, 1991, § 1; G.O. 63, 2009, § 33; G.O. 33, 2015, § 1; G.O. 41, 2016, § 2; G.O. 38, 2025, § 1)

Cross reference— Definitions generally, ch. 102.

The general provisions in this article shall apply in the interpretation and enforcement of this chapter.

(G.O. 135, 1991, § 1)

This chapter shall be known and may be cited as the "Vacant Building Standards of Marion County, Indiana," and will be referred to herein as "these standards."

(G.O. 135, 1991, § 1)

It is hereby found that there exists, and may exist in the future, vacant buildings which have remained continuously vacant, or which have not been properly maintained and which, because of their deteriorated condition or continuous vacancy, constitute a significant threat to the public health, safety and social well-being. The Indiana General Assembly, in enacting IC 36-7-9-4.5 and IC 36-7-36, found that such buildings create a serious, substantial problem and encouraged local governmental bodies to adopt appropriate vacancy, maintenance, and repair standards so that vigorous and disciplined action can be taken to ensure that vacant buildings are properly maintained and repaired.

(G.O. 135, 1991, § 1; G.O. 38, 2025, § 1)

These standards shall apply to the vacancy, maintenance, repair, and boarding of vacant structures located in the county. These standards shall in no way limit the types of action the division of property and land use services is authorized to take under IC 36-7-9-1 and/or IC 36-7-36 et seq. relative to the continual vacancy or exterior condition of unsafe or vacant buildings, the interior of unsafe or vacant buildings, or the premises on which vacant or unsafe buildings are located.

(G.O. 135, 1991, § 1; G.O. 63, 2009, § 34; G.O. 41, 2016, § 2; G.O. 38, 2025, § 1)

Any structure which fails to meet the minimum standards set forth herein shall be deemed a public nuisance and subject to remedial action under IC 36-7-9-1 and/or IC 36-7-36 et seq.

(G.O. 135, 1991, § 1; G.O. 38, 2025, § 1)

Orders issued by the division under IC 36-7-9 requiring an owner to bring their property into compliance with these standards shall be complied with by the time specified in the order, or as extended by the hearing authority acting under IC 36-7-9-7. Persons issued a notice by the division under IC 36-7-36 shall address the continuous vacancy as required by these standards by the time specified in the notice, or as extended by the division. However, an order, other than an order requiring immediate boarding, shall provide the owner at least thirty-three (33) days from the mailing of the order to comply or to prepare for an administrative hearing.

(G.O. 135, 1991, § 1; G.O. 63, 2009, § 35; G.O. 41, 2016, § 2; G.O. 38, 2025, § 1)

The repair, alteration or rehabilitation of any structure or portion thereof which may be required by the provisions of these standards shall be done in accordance with the applicable state rules and regulations as promulgated by the Indiana Fire Prevention and Building Safety Commission and in accordance with the "Building Standards and Procedures," Chapter 536 of this Code.

(G.O. 135, 1991, § 1)

Nothing in these standards shall permit the abridgement or violation of any provision contained in the "Zoning Ordinance of Marion County," Code of Indianapolis and Marion County, Indiana, appendix D.

(G.O. 135, 1991, § 1)

The repair, alteration or rehabilitation of any structure or portion thereof which may be required by the provisions of these standards shall be done in accordance with IC 36-7-11-1 et seq., "Historic Preservation in Marion County," and with the plans, rules and regulations of the Indianapolis Historic Preservation Commission.

(G.O. 135, 1991, § 1)

No residential structure may be occupied unless all provisions of the "Housing and Environmental Standards Ordinance of Marion County," Chapter 10 of the Code of the Health and Hospital Corporation of Marion County, Indiana, are met. Nothing in these standards shall permit the abridgement or violation of any provision contained in the "Housing and Environmental Standards of Marion County."

(G.O. 135, 1991, § 1)

(1)

An order issued under IC 36-7-9-5(a)(5) ("order to repair" or "repair order") becomes final ninety (90) days from the order issuance date, unless a hearing under IC 36-7-9-7 is requested before the ninety (90) day period ends.

(2)

If a hearing under IC 36-7-9-7 is not requested before the ninety (90) day period ends, and civil penalties are assessed for failure to comply with the repair order pursuant to IC 36-7-9-7.5, an informal civil penalty dispute hearing before the director of the department of business and neighborhood services, or their designee, to dispute the existence of a violation and/or the amount of civil penalties assessed, can be requested within thirty (30) days of the penalty being assessed.

(3)

If a hearing under IC 36-7-9-7 is not requested before the ninety (90) day period ends, civil penalties are assessed for failure to comply with the repair order pursuant to IC 36-7-9-7.5, and the structure is in compliance with the repair order, an informal civil penalty review hearing before the director of the department of business and neighborhood services, or his or her designee, to dispute the amount of civil penalties assessed, can be requested within four (4) years of the order issuance date.

(4)

All hearing requests must be submitted in a manner approved by the division. After each informal hearing, the director of the department of business and neighborhood services, or his or her designee, shall determine the existence of a violation and/or the amount of civil penalties assessed and shall notify the recipient of any amounts due to the department. The decision of the director, or his or her designee, shall be final.

(G.O. 40, 2025, § 19)

The hearing requestor must be the current property owner of record with the Marion County Assessor's Office; and the civil penalties were either paid, or to be paid, by the requestor.

(1)

Tax sale buyers are eligible for a civil penalty dispute hearing once ownership of the property has been transferred to the tax sale buyer. The division shall waive civil penalties assessed during the tax sale redemption period upon receipt of written request from the tax sale buyer, when property ownership has been transferred to the tax sale buyer and all other civil penalty review hearing eligibility requirements are met at the time the request is received, without requiring a civil penalty dispute or review hearing.

(2)

Contract buyers and other parties with a recorded interest in the property are not eligible for a civil penalty dispute hearing, unless:

a.

The current property owner of record with the Marion County Assessor's Office requests a hearing on the party's behalf;

b.

The current property owner of record with the Marion County Assessor's Office submits an affidavit provided by the division that authorizes the party to request the hearing; or

c.

A copy of an instrument recorded with the Marion County Recorder's Office, showing the requestor's recorded interest in the property, is provided to the division.

(3)

The following civil penalties are not eligible for a civil penalty dispute hearing:

a.

Civil penalties that were paid, or are to be paid, by a party other than the requesting party;

b.

Civil penalties paid as part of a property transaction, including, but not limited to, civil penalties paid as part of a willing bid for tax sale, surplus sale, Sheriff's sale, foreclosure, any other auction, or purchase price or closing costs of the property; or

c.

Civil penalties for which a civil penalty dispute hearing was already decided.

(G.O. 40, 2025, § 19)

The hearing requestor must be the current property owner of record with the Marion County Assessor's Office; and the civil penalties were either paid, or to be paid, by the requestor. Prior owners and prior interested parties that did not bring the structure into compliance with the repair order, regardless of whether civil penalties were paid prior to the property transfer, are not eligible for a civil penalty review hearing.

1.

Tax sale buyers are eligible for a civil penalty review hearing once ownership of the property has been transferred to the tax sale buyer. The division shall waive civil penalties assessed during the tax sale redemption period upon receipt of written request from the tax sale buyer, when property ownership has been transferred to the tax sale buyer and all other civil penalty review hearing eligibility requirements are met at the time the request is received, without requiring a civil penalty dispute or review hearing.

2.

Contract buyers and other parties with a recorded interest in the property are not eligible for a civil review dispute hearing, unless:

a.

The current property owner of record with the Marin County Assessor's Office requests a hearing on the party's behalf;

b.

The current property owner of record with the Marion County Assessor's Office submits an affidavit provided by the division that authorizes the party to request the hearing; or

c.

A copy of an instrument recorded with the Marion County Recorder's Office, showing the requestor's recorded interest in the property, is provided to the division.

3.

The following civil penalties are not eligible for a civil penalty review hearing:

a.

Civil penalties that were paid, or are to be paid, by a party other than the requesting party; or

b.

Civil penalties paid as part of a property transaction, including, but not limited to, civil penalties paid as part of a willing bid for tax sale, surplus sale, Sherriff's sale, foreclosure, or any other auction, or purchase price or closing costs of the property.

(G.O. 40, 2025, § 19)

When compliance has been met during the life of a repair order, and the division has closed the active repair order as compliant, all penalties and liens incurred during that order shall be waived. Only penalties paid by the current property owner during the active order shall be refunded. Prior owners and prior interested parties that did not bring the structure into compliance with the repair order, regardless of whether civil penalties were paid prior to the property transfer, are not eligible. Previously closed and/or expired repair orders are not eligible. This waiver will be granted upon closure of the order and does not require a civil penalty hearing.

(G.O. 40, 2025, § 19)

The owner of a structure shall maintain the structure and premises in a safe and sanitary condition in accordance with the following standards:

(1)

The premises, including abutting sidewalks, gutters and alleys, shall be kept free of high grass and weeds, rubbish, garbage and any material that creates a health, safety or fire hazard. Grass and weeds shall be kept below twelve (12) inches. All dead or broken trees, tree limbs or shrubbery shall be cut and removed from the premises.

(2)

No owner shall accumulate or permit the accumulation of junk, trash and debris, boxes, lumber, scrap metal, junk vehicles or any other materials in such a manner that may provide rat harborage on the premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked safely and elevated at least eighteen (18) inches above the ground.

(3)

No person shall deposit or place any refuse or other hazardous materials in or adjacent to any road, street, alley or other public place unless it is in proper containers for collection.

(4)

All open, uncovered or insecurely covered cisterns, cellars, wells, pits, excavations or vaults situated on any premises shall be properly secured or filled to grade with appropriate fill material.

(5)

Every swimming or wading pool not currently in use shall be maintained in sound condition and good repair. Every pool shall be enclosed by a chain-link, ornamental or solid fence with a self-closing, self-latching gate. The fence, if erected from grade, shall be no less than five (5) feet in height, or if erected from the deck of an aboveground pool, the fence shall be not less than four (4) feet in height. The pool shall be equipped with a cover adequate to protect persons or animals from harm.

(6)

Any swimming pool or wading pool not maintained in sound condition and good repair shall be removed, and the excavation shall be filled to grade with appropriate fill material.

(7)

Every owner shall be responsible to ensure water from the premises is properly disposed of in such a manner that does not interfere with the operation of a private sewage disposal system, create standing water or otherwise create a hazard.

(8)

No structure, vehicle, receptacle, yard, lot, premises or part thereof shall be constructed, made, used, maintained or operated in any manner causing or producing any health or safety hazard or permitted to become a rat harborage or to become conducive to a rat harborage.

(9)

No structure, vehicle, receptacle, yard, lot, premises or part thereof shall be constructed, made, used, maintained or operated in any manner causing or producing any health or safety hazard or permitted to become a mosquito harborage or to become conducive to a mosquito harborage.

(10)

Every foundation, roof, floor, exterior wall and ceiling shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon and shall be kept in sound condition and good repair. Every outside stair or step shall be maintained in sound condition and good repair.

(11)

Every porch, stoop, deck, veranda, balcony and walk shall be maintained in sound condition and fit for its purpose.

(12)

Structurally sound hand rails shall be provided on any exterior stairs containing four (4) risers or more. Porches, patios and balconies located more than three (3) feet higher than the adjacent areas shall have structurally sound protective guard rails or hand rails. All newly constructed protective railings shall have balusters placed at intervals of not more than four (4) inches apart or shall have other sufficient protective material between the protective railing and the flooring of tread so that a space of not more than four (4) inches is present. Existing protective guard railings shall be acceptable, provided they are maintained in sound condition and good repair.

(13)

Every foundation, roof, exterior wall, door, skylight, window and door shall be weathertight, watertight, and damp-free and shall be kept in sound condition and good repair.

(14)

Every window, exterior door, hatchway or similar device, which is not protected in accordance with section 537-41 or 537-42 of these standards, shall be maintained in sound condition and good repair.

a.

Every exterior door and window that is capable of being opened and other potential means of ingress shall be equipped with hardware for locking and shall be secured so as to prevent unauthorized entry.

b.

Every unprotected window which is broken, cracked or missing glass or glazing shall be replaced and maintained in good repair.

(15)

All exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by paint or other preservative material. All wood surfaces shall be cleaned and freed of flaking, loose or defective surfacing materials prior to painting or applying other preservative material.

(16)

Every masonry wall, foundation and chimney shall be kept in sound, functional, weathertight condition and in good repair.

(17)

Any tree, shrub or other type of vegetation growing in a location or manner which is likely to cause damage to any portion of a structure shall be trimmed or removed so that damage does not occur. Any damage that has occurred to the structure by overgrown trees, shrubs or other vegetation shall be repaired.

(18)

Every owner shall be responsible for the extermination of insects, rats and other vermin in or about the premises.

(19)

Every structure and the premises on which it is located shall be maintained in a rat-free and rat-proof condition.

a.

All openings in the exterior walls, foundations, doors, windows, sewers, pipes, drains, basements, ground and first floors and roofs shall be closed and made rat-proof in an approved manner.

b.

Interior floors of basements, cellars and other areas in contact with the soil shall be made rat-proof in a manner approved by the Health and Hospital Corporation of Marion County, Indiana.

(20)

Unless other provisions are made, gutters, leaders and downspouts shall be provided and maintained in good working condition so as to provide proper drainage of stormwater.

(21)

Every premises shall be graded, drained free of standing water and maintained in a clean, sanitary and safe condition.

(22)

All fences shall be maintained in sound condition and good repair.

(23)

Accessory structures on the premises of a dwelling shall be structurally sound and be maintained in good repair and free of insects and rats. The exterior of such structures shall be made weather resistant through the use of decay-resistant materials, paint or other preservatives.

(24)

Every door, window or other potential means of ingress of an accessory structure shall be secured so as to prevent unauthorized entry.

(25)

No person shall apply a lead-based paint to any surface of a building or part thereof or to any other structure located on the premises.

(26)

Every owner shall maintain in good repair all asbestos-containing materials on the premises. All asbestos-containing materials shall remain free from defects such as holes, cracks, tears and/or looseness that may allow the release of asbestos fibers into the environment.

(G.O. 135, 1991, § 1)

The following standards apply to the boarding of buildings as ordered under IC 36-7-9-5(a)(8):

(1)

If ordered to seal a building, the owner shall comply with the standards set forth in this section.

(2)

The owner shall comply with all exterior maintenance standards contained in Article II of these standards.

(3)

All openings of a building shall be closed. Openings that are more than one (1) square foot in area and located less than twenty (20) feet above the ground or that are accessible from a part of the building such as a fire escape or other means of access shall be secured by the following means:

a.

Plywood or oriented strand board, covered with a weatherproofing substance such as exterior paint or varnish, similar in color to the exterior of the building and cut to the inside dimension of the exterior of the opening, shall be placed in all openings in such a way that no portion of the plywood extends outside the existing frame. The plywood shall be placed against any existing exterior window slide trim or a furring strip. If there is no slide trim or furring strip, an equivalent block shall be installed. The slide trim, furring strip or block shall be sufficient to prevent the plywood from being pushed inward. The plywood or oriented strand board shall be affixed to the exterior frame by use of two and three-quarters-inch or longer ring nails spaced a maximum of eight (8) inches apart.

b.

Where the inside dimension of the opening exceeds twenty-six (26) square feet in area, additional exterior support shall be provided by placing continuous pieces of nominal two-inch by four-inch framing grade lumber on the outside of the plywood in such a manner that every carriage bolt used in the opening passes through and joins such a piece of nominal two-inch by four-inch lumber, the plywood and the interior brace. The round head of the bolt shall be on the outside of such pieces of nominal two-inch by four-inch lumber that gives exterior support. The pieces of nominal two-inch by four-inch framing grade lumber shall be covered with a weatherproofing substance such as exterior paint or varnish, similar in color to the exterior of the building.

c.

In case of a ground level door that is most exposed to view from a public street, the following method of securing shall be used: The door shall be placed in good repair including, but not limited to, closing any openings in the door, repairing hinges on the door and providing for an adequate closure to the opening; and the door shall be locked by the use of not less than two (2) hasp locks and padlocks to be located equidistant from the top and bottom casing and each other. If no door exists, or if it is impractical to repair the existing door, the opening shall be secured in the manner described in this subsection, substituting, however, a piece of plywood for the door.

(4)

Any opening that is less than one (1) square foot in area or that is both more than twenty (20) feet above the ground and not accessible from a part of the building shall be covered so as to prevent entry of birds, rats or other animals and shall be made weathertight. The covering shall be painted in a color similar to the exterior of the building.

(5)

The materials used to secure the openings of a building pursuant to these standards shall meet the following specifications:

a.

Plywood or oriented strand board: no less than one-half-inch exterior grade;

b.

Braces: no less than nominal two-inch by four-inch framing grade lumber; and

c.

Bolts: no less than three-eighths-inch carriage bolts.

(6)

The division of property and land use services may allow the use of other materials and methods of securing openings, including the use of existing doors, if it is shown that, as related to the particular circumstances, the objectives of these standards would be met by the use of such materials and methods.

(G.O. 135, 1991, § 1; G.O. 63, 2009, § 36; G.O. 41, 2016, § 2)

When an immediate hazard exists because a structure is open and accessible for unauthorized entry, the division of property and land use services, acting pursuant to IC 36-7-9-5(a)(2), may order the immediate boarding of the building. Such boarding shall be done in a manner described by the division and shall be for a short time period. Such boarding shall not prevent the division from taking further action requiring the owner to bring the property in compliance with these standards.

(G.O. 135, 1991, § 1; G.O. 63, 2009, § 36; G.O. 41, 2016, § 2)

(a)

An owner of a property that remains a vacant structure for at least ninety (90) consecutive calendar days may be liable for a civil penalty in the amount of five hundred dollars ($500.00) per vacant structure not to exceed five thousand dollars ($5,000.00) per structure per year, unless:

(1)

Documentation has been filed and approved by the division that indicates the owner's intent to eliminate the vacant structure status of the property; and

(2)

The owner is current on all property taxes and special assessments; and

(3)

At least one (1) of the following applies:

a.

The structure is the subject of a valid building permit for repair or rehabilitation and the owner is proceeding diligently and in good faith to complete the repair or rehabilitation of the structure as defined in the enforcement order.

b.

The structure is:

i.

Maintained in compliance with IC 36-7-36; and

ii.

Actively being offered for sale, lease, or rent.

c.

The owner can demonstrate that the owner made a diligent and good faith effort to implement actions approved by the enforcement authority.

The enforcement authority may develop policies which determine property eligibility more specifically, though within the confines of what is eligible under this section.

(b)

If the structure continues to remain a vacant structure beyond the initial ninety (90) days and the owner does not meet the exceptions set forth in subsection (a), the enforcement authority may continue to assess penalties each year on each structure in the following amounts:

(1)

One thousand dollars ($1,000.00) for the second ninety-calendar-day period each structure remains a vacant structure or an abandoned structure.

(2)

One thousand five hundred dollars ($1,500.00) for the third ninety-calendar-day period each structure remains a vacant structure or an abandoned structure.

(3)

Two thousand dollars ($2,000.00) for the fourth and each subsequent ninety-calendar-day period thereafter each structure remains a vacant structure or an abandoned structure.

(c)

If full payment of a civil penalty assessed under this article is not made less than thirty (30) days after notice of civil penalty assessment is sent, the division may certify to the county auditor the owners name, the description of the unsafe premises, as shown by the records of the county auditor, and the amount of the delinquent payment. The county auditor shall place the total amount certified on the tax duplicate for the affected property as a special assessment. The total amount, including accrued interest shall be collected as delinquent taxes are collected. An amount collected under this section, after all other taxes have been collected and disbursed, shall be disbursed to the unsafe building fund. A civil penalty issued under this article shall be assessed as a special assessment on the tax duplicate and collected in the same manner as costs under IC 36-7-9-13 or IC 36-7-9-13.5. The amount of the civil penalty or fine that is collected shall be deposited in the unsafe building fund.

(G.O. 38, 2025, § 1)

(a)

Notice of continuous vacancy must be given to the owner by:

(1)

Sending by first class mail a copy of the notice or statement to the last known address of the person to be notified;

(2)

Sending a copy of the notice or statement by registered or certified mail to the residence or place of business or employment of the person to be notified, with return receipt requested;

(3)

Recording the notice in the office of the county recorder; or

(4)

Delivering a copy of the notice or statement personally to the person to be notified.

If a notice described in subdivision (1) is returned undelivered, a copy of the notice or statement must be given in accordance with subdivision (2), (3), or (4). The enforcement authority may, for the sake of convenience, issue notice under subsection (3) at the same time notice is attempted under any of the other subsections.

(b)

Notice of continuous vacancy must contain the following:

(1)

The name of the person to whom the notice is issued.

(2)

The legal description or address of the premises that are subject of the notice.

(3)

The action that the notice requires to avoid future penalties.

(4)

The period of time in which the action is required to avoid future penalties, measured from the time when the notice was given.

(5)

A statement briefly indicating what penalties may be assessed by the enforcement authority if required action is not taken.

(6)

A statement indicating the obligation created by subsections (c), (d), and (e).

(c)

Once the notice is issued, it shall remain valid and enforceable until the requirements set forth in section 537-43(a) are met; however, the civil penalty amount assessed in a one-year period shall not exceed the limits set forth in this article.

(d)

A person who takes an interest in a vacant premises that is the subject of a notice recorded in the office of the county recorder under this article takes that interest subject to the notice, including any unpaid and future civil penalties issued assessed under this chapter, and in such a manner that notice requirements set forth in this article are satisfied.

(e)

A person who has been issued a notice relative to a vacant premises and the continuous vacancy status has not been removed:

(1)

Must supply full information regarding the notice to a person who takes or agrees to take a substantial property interest in the vacant premises before transferring or agreeing to transfer that interest; and

(2)

Must, within five (5) days after transferring or agreeing to transfer a substantial property interest in the vacant premises, supply the enforcement authority with written copies of:

a.

The full name, address, and telephone number of the person taking a substantial property interest in the vacant premises; and

b.

The legal instrument under which the transfer or agreement to transfer the substantial property interest is accomplished.

(G.O. 38, 2025, § 1)

(a)

The division shall establish processes and procedures by which an owner may request a review of the continuous vacancy status and submit evidence that they meet the exceptions set forth in this article. Upon receipt of a properly submitted request, no additional civil penalties shall be assessed until the division has issued its decision and the time allowed to request an informal hearing under this section has passed. If an informal hearing is properly requested under this section, no additional civil penalties shall be assessed until the division has issued its hearing decision; and the decision of the director, or their designee, shall be final. The division may deny additional requests for reviews submitted within ninety (90) days of a decision being issued and/or which are not submitted in accordance with division's established processes and procedures.

(b)

If the division determines the evidence provided is sufficient to prove the exceptions have been met, the status of continuous vacancy status shall be removed; however, if the division determines there is not sufficient evidence, they may request the owner to submit additional documentation and/or take action reasonably required to satisfy the exceptions. If the owner does not provide all additional documentation and/or complete an action requested by the division within ten (10) days of the request being sent, the division may deny the request for removal of continuous vacancy status. If the division denies the removal of continuous vacancy status, the owner may request in writing, within ten (10) days of the denial being sent, an informal hearing before the director of the division of business and neighborhood services, or their designee, to dispute the continuous vacancy status.

(c)

The division may establish a process by which eligible owners may, upon removal of the continuous vacancy status, be granted a reduction in the civil penalty amounts assessed while in continuous vacancy status. The division may institute additional reasonable and consistently applied eligibility requirements; however, at minimum, an eligible owner must be the owner at the time the continuous vacancy status was removed and the property must be in compliance with the exterior maintenance standards set forth in Article II.

(G.O. 38, 2025, § 1)